Commonwealth ex rel. Hensel v. Sturtevant

Citations

• 182 Pa. 323
• 37 A. 916
• 1897 Pa. LEXIS 813

Syllabus

<p>Quo warranto — Corporations—Ferries—Exclusive franchise — Forfeiture of franchise — Practice—Pleadings—Formal defects — Arrest of judgment— Effect of verdict after trial on merits.</p> <p>In a quo warranto proceeding by the attorney general to forfeit an exclusive ferry franchise granted by a special act of assembly, where the defendants have filed a general denial to the information, and the case has. been tried upon the merits, and a verdict rendered against the defendants, the court will not, except in a very strong case, arrest the judgment because the averments in the information are too general.</p> <p>Where a person is granted a ferry franchise, and the franchise is made exclusive, within certain limits, so long as the grantee affords facilities for crossing the stream, the act or omission to act which will constitute a violation of the condition must be a persistent and general course of conduct, covering more than special days and acts, and must be continuous through months and, perhaps, years.</p> <p>In quo warranto proceedings against the proprietors of a ferry having exclusive privileges, the information averred that the defendants had for several years neglected to furnish facilities for passing foot travelers across the river, and had not kept the ferry in repair, or complied with the conditions of the grant; adding the following specifications: 1, the ferryboats are and have been unfit, inadequate and dangerous; 2, the employees in charge of the ferry are and have been inexperienced, incapable and negligent; 3, defendants do refuse and have refused, on divers occasions, to ferry travelers over the river when requested, so that they have been compelled to go to other ferries a long distance above or below; 4, the defendants and their predecessors have charged excessive and illegal tolls for ferriage; 5, the defendants have been guilty of other acts of misuser and nonuser. Held, that after a trial upon the merits and a verdict against the defendants